The Office of the Ombudsman-Visayas has dismissed outright the complaint for violation of the Anti-Graft Law and for Oppression and Misconduct filed against Bacolod Mayor Evelio Leonardia by Jerome Solinap, head of the city's General Services Office.

The dismissal was approved by Deputy Ombudsman for the Visayas Primo Miro.

In his complaint, Solinap stated that he has a permanent appointment from the CSC as General Services Officer since May 24, 1994 and that on July 28, 2004, the Mayor relieved him of his duties and functions at the GSO, and reassigned him to the City Mayor's Office. On March 21, 2005 he was detailed at the City Administrator's Office, he added.

Solinap said that on Aug. 10, 2005, Leonardia issued a memorandum continuing his reassignment at the CMO. Meanwhile, he said, the Mayor designated Jasmin Gallo, of the Budget Office, as officer-in-charge of the GSO. On Sept. 5, the Mayor designated Supply Officer IV Jose Solilapsi as OIC of the same office, he said, adding that both temporary assignments included benefits enjoyed by the department heads such as Representation and Transportation Allowance.

In his recommendation, Graft Investigation and Prosecution Officer II Alvin Butch Cañares said the complaint is still premature considering that the issue of whether or not Solinap has been constructively dismissed has yet to be resolved by the Civil Service Commission. He also said it does not matter if the CSC case is a non-disciplinary complaint.

"To proceed with this complaint before us would require us to rule on the validity of the complainant's relief and reassignment on which we would like to defer to the CSC as the more authoritative body on the matter," Cañares said.*CGS

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